PAR T C -Decis ion und er Appe al T h e d ecis ion under app e al is the Minis try of Social Developme nt and Social Innovat ion (Ministry ) reconsideration decisio n d a ted Octobe r 9, 2014 which held that the Appell ant is not eli gibl e for a crisis su p plement fo r d el inquent property taxes purs uant to section 59 of the Employment and A s sistan ce Re g ulati on (EA R). The Ministry accept ed that the Appel lant has no fina ncial reso urces to pay his shar e of the d elinquent tax bil l but found t hat t wo ot her criteri a in section 59(1) were not met: 1. The person requires the supplemen t to me et an unexpect ed e xpense or obtain an item unexpe c te d ly needed [EAR sub section 59(1)(a)]; an d 2. Fail ure to meet the expense or obtain the item will resul t in imm in ent dange r to the physical health of any person in the fam il y un it [EAR su b s e c t ion 59(1)(b)(i)]. PART D -R elevant L e g i s latio n E mpl o yment and As sis tance Act -EA A -sectio n 4 Employment and Assistance Regu l a t ion -EA R -section 59
PART E -Summary of Facts The evidence before the Ministry at reconsideration included: • A Request for Reconsideration signed by the Appellant on September 29, 2014 in which he requested "more assistance for property taxes". He indicated that he would accept less than $1,054.75 (the amount of his delinquent taxes) in extra assistance but would like his shelter amount raised to cover some of the costs. He added that he is having a hard time paying all his bills. • A fax to the Ministry from the Appellant dated September 18, 2014 in which he requests extra assistance for his property taxes. He owes $1,054.75 for the delinquent portion. • A letter addressed to the Appellant and the co-owner of the property from the municipality dated August 14, 2014 in which the municipality stated that properties with delinquent taxes are to be sold at an annual tax sale. The Appellant's property had been listed for public auction to be held on September 29, 2014. As of August 14, 2014 the delinquent tax amount was $2,106.38 plus $3.12 interest. At the hearing, the Appellant confirmed that his house had not been sold at public auction because the delinquent portion of the tax bill has been paid; i.e., the amount required to prevent the municipality from following through with the tax sale. He paid his share of the delinquent portion in September 2014, and the co-owner paid their share. In response to questions from the Ministry, the Appellant confirmed that he had changed his address on his driver's license as recently as October 2014 but stated that he is back living in his house and has recent bills for hydro and gas with the house's address. He has no home insurance because it didn't get renewed; and he has no mortgage and has not thought of taking out a loan against the equity. He does not want to re-allocate his shelter amount and have the Ministry send a payment for property taxes directly to the municipality because he is trying to make bigger payments on his own. In response to questions from the panel, the Appellant confirmed that he had received the original property tax bill, and a notice regarding the delinquent amount after that. The delinquent taxes are caught up, but he still owes his share of the current amount plus arrears and interest. The panel finds that the Appellant's testimony relates to the scheduled tax sale of the property, shelter expenses, and arrangements for paying the property tax which are all part of the Ministry's background information. The panel therefore admits the testimony under section 22(4)(b) of the EAA as evidence in support of the information and records that were before the Ministry at the time the decision being appealed was made. At the hearing, the Ministry summarized its reconsideration decision and did not introduce any new evidence. The Ministry noted that the Appellant is a sole recipient of income assistance and has been in receipt of assistance since June 2014. The total taxes owing are $6,248.03 and the delinquent portion is $2,106.38 plus $3.12 interest. As the Appellant is a half owner of the property, his share of the delinquent portion plus interest is $1,054.75. A portion of his shelter allowance was allocated to property taxes ($200.00 per month as stated by the Ministry at the hearing) and the Appellant had indicated that he was applying that amount to the taxes every month.
The Ministry noted th a t the Appellant is currently rece recipi ent ($375.00 per mon th). His shelt er costs in clude insuran c e . He also has inter net which is not an allowable shelter cos $240.49 per month and w as recentl y i ncreas ed to $375.00 qu estion from the pa n el, the Minist ry stated th at the Appellant was initially shel ter all owan c e bec ause the Minis try n eeded u pda The Mini stry's b a ckground inf or mat i on indicated that the Ap September 18th reg a rd ing his d elinquen t t a xes and s a n d he was no t sure if they had gone up. The Min ist a nd advised him t hat pro perty tax is not somethin g t Appell a n t s et up a payment pl an wit h the municip a li the A p pel lant 's behalf . iving the maximum s helter a l lowance for a sole prope rty taxes, hydro, gas, phone, and home t . His shelter allowa nce was ef fective October 20 14. In respons e t o a n o t recei ving the maximum t ed b i lls bef ore th ey could in crease i t to $ 375.00. pellant conta ct ed the Minis try on tated t hat they had b e en delinqu ent fo r a while r y spoke to the App ella n t on S e ptember 2 2nd he M i nistry provides funds for, but once the t y , the Minis t ry could mak e direct pay ments on
PART F -Reasons for Panel Decision The issue in this appeal is whether the Ministry's reconsideration decision of May 5, 2014, which held that the Appellant is not eligible for a crisis supplement for delinquent property taxes pursuant to section 59 of the EAR is reasonably supported by the evidence or a reasonable application of the applicable enactment in the circumstances of the Appellant. The Ministry found that the information provided did not establish an unexpected need for the crisis supplement and there was no evidence that failure to pay the delinquent taxes would result in imminent danger to the Appellant's physical health. The following sections of the legislation apply to crisis supplements: EAA Income assistance and supplements: Section 4 states that: Subject to the regulations, the minister may provide income assistance or a supplement to or for a family unit that is eligible for it. EAR Crisis supplement: Pursuant to section 59: (1) The minister may provide a crisis supplement to or for a family unit that is eligible for income assistance or hardship assistance if (a) the family unit or a person in the family unit requires the supplement to meet an unexpected expense or obtain an item unexpectedly needed and is unable to meet the expense or obtain the item because there are no resources available to the family unit, and (b) the minister considers that failure to meet the expense or obtain the item will result in (i) imminent danger to the physical health of any person in the family unit, or (ii) removal of a child under the Child, Family and Community Service Act. (2) A crisis supplement may be provided only for the calendar month in which the application or request for the supplement is made. (3) A crisis supplement may not be provided for the purpose of obtaining (a) a supplement described in Schedule C, or (b) any other health care goods or services. (4) A crisis supplement provided for food, shelter or clothing is subject to the following limitations: (a) if for food, the maximum amount that may be provided in a calendar month is $20 for each person in the family unit, (b) if for shelter, the maximum amount that may be provided in a calendar month is the smaller of (i) the family unit's actual shelter cost, and (ii) the maximum set out in section 4 of Schedule A or Table 2 of Schedule D, as applicable, for a family unit that matches the family unit; (c) if for clothing, the amount that may be provided must not exceed the smaller of (i) $100 for each person in the family unit in the 12 calendar month period preceding the date of application for the crisis supplement, and
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This information indicates that the tax arrears had been accumulating for some time. The Ministry reported at the hearing that the municipality was charging interest of $0.35 per day. While the Appellant argued that there should be extra assistance available to pay his tax bill, he did not submit that the expense was unexpected. He argued that the amount he gets for shelter is too low and he is having a hard time paying his bills, and the legislation should be changed to provide more for shelter; however, these submissions do not establish that his tax bill was unexpected. The Appellant also submitted that subsection 59(4)(b) of the EAR is close to his request for some help with his expenses. However, this section addresses the maximum amount of a crisis supplement for clients who are eligible for the supplement. The only amount the Ministry has found the Appellant eligible for with regard to his shelter expenses is the maximum shelter allowance of $375.00 per month which he is already receiving. The panel finds that the Ministry was therefore reasonable in determining that the "unexpected expense" criterion under subsection 59(1) (a) of the EAR was not met. Imminent danger to physical health, EAR subsection 59(1)(b)(i): Appellant's position In his Notice of Appeal, the Appellant argued there would be imminent danger to his health because he would have to rent a place if his house were sold. At the hearing, he re-stated that he "would be out renting somewhere if the house gets sold." Ministry's position In its reconsideration decision, the Ministry argued that not enough information has been provided to establish that failure to pay his share of the property taxes will result in imminent danger to his physical health. Panel's decision Subsection 59(1 )(b)(i) of the EAR requires there to be a direct link between not obtaining the crisis supplement for the requested item and imminent danger to physical health. The Appellant's argument that he would have to rent a place if his house were sold does not explain how his physical health would be affected, let alone be in imminent danger. The panel notes that the Appellant did not provide any information that directly relates to his physical health. The Ministry could therefore not be satisfied that the Appellant will face imminent danger if he did not receive a crisis supplement to pay his delinquent property taxes. The panel finds that the Ministry reasonably determined that there is not enough information to establish that failure to pay his share of the property taxes will result in imminent danger to the Appellant's physical health as required under subsection 59(1 )(b )(i) of the EAR. Conclusion The panel finds that the Ministry's reconsideration decision finding the Appellant ineligible for a crisis supplement for his delinquent property taxes was reasonably supported by the evidence. The panel confirms the Minist 's reconsideration decision.
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